Board of Pardons Seeks Remedy from Harsh Consequences of IIRAIRA
Posted Aug 21, 2000

In a recent letter to Senator Max Cleveland, Georgia’s State Board of Pardons and Paroles (Board), complained about the harsh consequences of the aggravated felony provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).

The Board explained that it has received numerous applications for pardons from legal residents who have been convicted of misdemeanor crimes under Georgia law. Many of these misdemeanors are classified as aggravated felonies under IIRAIRA. The Board further explained that it does not usually consider pardoning an individual convicted of a misdemeanor; however, because of IIRAIRA, it has begun to consider these cases. The Board cited cases they have seen in which an applicant resided in the United States for 30 years or more who committed a minor crime years ago, and now is threatened with deportation.

In closing, the Board requested Senator Cleveland work to “provide a remedy which more appropriately uses the nation’s resources and brings some measure of justice to this process….” This letter cites the difficulties plaguing many state Boards of Pardon and Paroles across this country, and many immigrants convicted of minor, misdemeanor crimes which were committed several years ago -- sometimes decades ago. CNN aired a one-hour session in 1999 on this issue, which helped to galvanize some support but things have not progressed thus far. It is hoped that other states will join Georgia in presenting this problem to their senators, thereby building momentum to reverse some of the harsh consequences of IIRAIRA.